Wheeler, Osgood Co. v. Fidelity & Deposit Co.

Citations

• 78 Wash. 328
• 139 P. 53
• 1914 Wash. LEXIS 1018

Syllabus

<p>States — Building Contracts — Performance ■ — • Final Acceptance —Action on Bond — Materialman. The architect’s final certificate of construction is a conclusive acceptance of a building erected under the direction of the state board of control, where the contract gave the architect complete control of the work, and provided for payments on the architect’s certificates, the final payment to be made when the work was completed, and accepted by the “owner and architect,” and that no certificate except the final one shall be conclusive evidence of the performance of the contract; hence a materialman, in order to maintain an action on a bond given to secure the performance of the contract, must filó a claim within thirty days after such acceptance of the work, as required by Rem. & Bal. Code, § 1161.</p>